GC 110122 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: GC 110122 RO
ESTATES, INC. DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: EH 110667 S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
REVOKING ORDER AND REMANDING PROCEEDING TO RENT ADMINISTRATOR
On March 17, 1992 the above named petitioner-owner timely
refiled a Petition for Administrative Review against an order of
the Rent Administrator issued December 6, 1991. The order concerned
housing accommodations known as Apt 7M located at 87-50 167th
Street, Jamaica, N.Y. The Administrator ordered a rent reduction
for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding by filing a Statement of
Complaint of Decrease in Services on April 15, 1990 wherein she
alleged that she did not have heat or hot water on March 22 through
March 26, 1990 and that elevator service had been interrupted on
several days in 1989.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on September
27, 1990 and stated that the boiler had been repaired and that the
elevator was being serviced pursuant to a maintenance contract.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on October 9, 1991. The
inspector's report stated that the inspector checked the water
pressure in the kitchen and bathroom as well as ascertained whether
water was being supplied. The inspector reported that water was
being supplied and that the pressure was adequate. However, the
inspector noted that the hallway right side wall near switch was
hot. The inspector further noted that this constituted a hazardous
condition.
On November 4, 1991 the Administrator notified the owner of
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the inspector's report of the hazardous condition and afforded the
owner the opportunity to respond. The owner failed to respond.
The Administrator issued the order here under review on
December 6, 1991 and ordered a rent reduction in an amount equal to
the most recent guideline adjustment effective October 1, 1990,
based on a finding that the hallway wall was hot.
On appeal the owner states that all services are being
provided and that the alleged hazardous condition noted by the
inspector is not hazardous in any way. the owner asserted that the
switch is not hot, but warm, due to the fact that it is by the side
of the boiler chimney wall.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the order here under review should be revoked.
The Commissioner has reviewed the record herein and is of the
opinion that the Administrator's investigation of the tenant's
complaint was in a manner inconsistent with due process. The
physical inspection did not conform to the conditions cited in the
tenant's complaint, i.e. inadequate heat and hot water and elevator
service. Moreover, the rent was reduced for an item that the
tenant never complained about and that the owner has adequately
explained as not being defective at all. Accordingly, the order
here under view is therefore revoked and the proceeding is remanded
for the Administrator to order a new inspection to properly
investigate the tenant's complaint.
If the current owner has already complied with the order here
under review and the tenant owes arrears due to the present
determination, said arrears may be paid off in twelve (12) equal
monthly installments. Should the tenant vacate the apartment or
have previously vacated, said arrears are due and payable
immediately.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
granted, that the Rent Administrator's order be, and the same
hereby is, revoked and that this proceeding be, and the same hereby
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is remanded to the Rent Administrator for further proceedings
consistent with this Order and Opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner